SIOUX FALLS, S.D. (Argus Leader) — A federal judge has refused to dismiss a lawsuit against the city of Sioux Falls over the drowning of a 5-year-old Iowa girl who fell into Big Sioux River at Falls Park two years ago. Attorneys representing the city asked the court last year to dismiss the lawsuit. The suit was brought by Courtney Jayne, the mother of Maggie Zaiger.

Zaiger fell into the river from river bank rocks on March 18, 2018, during a family trip to the park. Jayne alleges the city is responsible because of a lack of signs and safety fencing in the park. The Argus Leader reports the judge’s ruling will let a jury decide if safety precautions in place at Falls Park at the time of Zaiger’s death were enough.